Letpadaung Protesters Convicted

The ICJ today condemned the conviction of six human rights defenders after an unfair trial lasting less than five minutes. The six were charged in connection with their participation in a peaceful demonstration against the fatal shooting of a protestor in Letpadaung.

They were sentenced to four years and four months in prison.

“Under both international and Myanmar law, a fair trial means independent judges, the need for evidence of guilt beyond a reasonable doubt, and due process. All of these requirements were ignored in the case of these accused, who must be immediately and unconditionally released,” said Sam Zarifi, the ICJ’s Regional Director for Asia and the Pacific.

“Instead of prosecuting peaceful protestors, the Myanmar government must hold those responsible for the killing in Letpadaung accountable and provide justice,” he added.

The ICJ attended today’s hearing at the Yangon Dagon Township Court of Daw Naw Ohn Hla, Daw Sein Htwe, U Nay Myo Zin, Ko Tin Htut Paing, Daw Lay Lay @ Daw San San Win and U Than Swe, who were sentenced for violating Article 18 of the Peaceful Assembly and Peaceful Procession Law, as well as a series of offences under the Penal Code.

These offences include assaulting or preventing a public servant from the discharge of his duty (Section 353); rioting (Section 147); publishing or circulating information which may cause public fear or alarm and may incite persons to commit offences “against the State or against the public tranquility” (Section 505(b)).

It is unclear whether an appeal will be filed, but the ICJ understands that the accused’s appeal in this case would be highly unlikely to succeed.

http://www.icj.org/myanmar-letpadaung-convictions-grossly-unfair/

Myanmar must follow through on promising efforts to improve the independence and accountability of its legal system

Key to ensuring that people have access to remedy for business and human rights related violations in Myanmar is the creation of an independent and accountable judiciary. Myanmar must follow through on promising efforts to improve the independence and accountability of its legal system, and particularly its judiciary, said the ICJ today at the launch of one of its landmark book in Yangon.

The ICJ launched today the Myanmar language version of its Practitioners’ Guide to the Independence and Accountability of Judges, Lawyers and Prosecutors.

“The judiciary in Myanmar has taken important steps towards asserting its independence from the other branches of government, but we heard repeatedly from the judiciary that they still face significant obstacles in this regard,” said Wilder Tayler, ICJ’s Secretary-General.

The book launch wrapped a series of discussions regarding judicial ethics and the rule of law with the Supreme Court of the Union of Myanmar, as well as with the parliamentary Committee on Rule of Law and Tranquility.

The ICJ’s Practitioners’ Guide n°1 is the first of its kind to be published in the Myanmar language providing detailed references to international and comparative standards on the independence and accountability of judges and lawyers.

“The Supreme Court emphasized its belief that an independent judiciary plays a key role in ensuring access to justice and the protection of human rights, but with independence must come accountability,” Tayler added. “The Myanmar judiciary must be accountable not just in deciding cases according to the law and facts, but also as a separate and equal branch of the government, and ultimately, to the people of Myanmar.”

The full press release is available here: http://www.icj.org/myanmar-must-follow-through-on-promising-efforts-to-improve-the-independence-and-accountability-of-its-legal-system/http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2015/02/Myanmar-SC-workshop.png